Santa Fe Sexual Assault Lawyer

Santa Fe Sexual Assault Attorney

Sexual assault is one of the most traumatic events a person can live through. Being victimized in a sexual way can cause lifelong physical, emotional, and mental trauma, which the victim may never fully move past. It has the power to destroy someone’s entire life with no guarantees of justice. If you ever find yourself a victim of sexual assault, it is vital to your healing journey and your legal claim that you protect yourself by hiring a Santa Fe sexual assault lawyer.

Sexual Assault Crimes in New Mexico

New Mexico takes sexual assault crimes very seriously. By holding the responsible parties accountable, not just for their actions but also for their inactions, the victim in question could receive restitution for what happened to them. While money can never repair the damage that’s been done, it can enable the victim to seek treatment and work through what happened to them.

New Mexico state law defines “criminal sexual penetration” as forcing someone to engage in various forms of sexual intercourse against their will. The state also defines “criminal sexual contact” as the unlawful touching or application of force to the unclothed parts of someone else, also against their will. While both may be considered sexual assault, the latter may be charged as a misdemeanor, depending on the situation. Here are some of the different sexual assault crimes in New Mexico:

First-Degree Criminal Sexual Penetration

This form of sexual assault occurs when either of these two circumstances apply:

• The victim is under 13 years old.
• The victim was forcibly raped, resulting in serious physical harm or mental anguish.

If the crime in question results in the death of a child, the perpetrator will likely face life in prison and a large fine. If the sexual assault results in no death, the penalties will be less severe but are still likely to include a long prison term and a fine. If the offender has a previous record of sexual violence, they will serve a mandatory life sentence.

Second-Degree Criminal Sexual Penetration

This form of sexual assault occurs when the following criteria are met:

• A child between 13 and 18 years old is forcibly coerced into a sexual act.
• An inmate in a correctional facility is sexually assaulted by someone in a position of authority over the inmate.
• The victim is forcibly coerced into a sexual assault, resulting in physical harm.
• The offender committed the sexual assault while wielding a deadly weapon.
• The sexual assault happened while another crime was being committed.

If the sexual assault in question resulted in the victim’s death or the assault involved a child victim, the resulting penalty can include a prison term and a fine. If the offender has previously committed an act of sexual violence, a mandatory life sentence will apply upon conviction.

Third-Degree Criminal Sexual Penetration

This form of sexual assault charges can apply when a rape occurs without any of the specific circumstances listed under second-degree criminal sexual penetration. If the crime resulted in the victim’s death or the victim was a child, the penalty is a term in prison and a fine. Otherwise, the penalty may be less time in prison but likely a similar fine.

Santa Fe Sexual Assault FAQs

Q: What Happens to Me If I Report Sexual Assault?

A: That depends entirely on how you wish to proceed. Depending on your situation, you may wish to remain wholly anonymous during this process, which is your right. You may also wish to use your story as a beacon for others who are going through similar strife. If you want to publicly denounce your abuser and any institution that may support them, that is also your right. Either way, you should still proceed with your claim.

Q: What Is the Most Serious Sexual Assault Charge?

A: The most serious sexual assault charge is first-degree rape, also known as aggravated sexual assault. While every potential sexual assault charge is horrendous and life-altering, first-degree rape is often referred to as the worst possible charge a suspected rapist can receive. It involves forceful intercourse committed without the victim’s consent. The offender usually has a weapon as well. A conviction often results in a lengthy prison sentence and sex offender registration.

Q: What Should I Do After a Sexual Assault?

A: The very first thing you should do after suffering a sexual assault is to seek medical help immediately. Depending on your situation, you may have to escape your attacker before seeking aid. It is important not to be alone during this time. Reach out to family and friends if possible. After seeking medical assistance, go to the police and file a report. You may decide to allow the police to use a rape kit to gather evidence of your attacker.

Q: Do I Need a Lawyer for a Sexual Assault Claim?

A: No, you technically do not need a lawyer to pursue a claim of sexual assault against your attacker in Santa Fe. You are permitted by law to develop your case yourself and handle everything on your own. Still, it is highly recommended that you don’t do this. An experienced sexual assault lawyer will know how to handle the delicate nature of cases like yours. A court case also adds more stress to an already intense situation. A lawyer can advocate for you on your behalf and minimize your involvement as much as possible if you so wish.

Reach Out to an Experienced Sexual Assault Lawyer Today

If you are ever sexually assaulted, it can feel like your entire world is crashing down around you. Nothing makes sense anymore. You may be struggling with feelings of isolation, rage, shame, pain, and fear. An experienced sexual assault lawyer can help you channel those feelings into your case and work to hold your abuser accountable in civil court.

At Berenson & Associates, PC, we can aid you through this trying time by building your case, gathering the necessary evidence that supports you, and protecting your interests throughout this process. Contact us to schedule a consultation with a valued team member today.